Chapter XXII-A comprising of Section 265-A to section 265-N, and particularly section 265-F, is to ensure a fair trial

not only to the accused by also to the prosecution or, as the case may be, the complainant, in administering justice in
criminal matter and to remove the misconception that a fair trial means such steps and measures as are to the
advantage and benefit of an accused principle, that justice should be administered in criminal cases, between the
complainant or prosecution and the accused person evenly, for, it should not be forgotten that it is the prosecution or
complainant who sets the bail rolling to restore tranquility in the society and for seeking relief against excess allegedly
done by the accused, and as such knocks at the door of the court of justice, for a fair trial. A plaint reading of the
aforementioned provision reflect the same view in that it is the right of both the parties to have a fair trial and there
should title in favor of either.

2. Relevant Provision

Section 265-A to 265-N Code of Criminal Procedure 1898

3. Meaning of Trial

Trial means a formal judicial examination of evidence and determination of legal claims in adversary proceedings.

4. Trials before Court of Session to be conducted by Public

Prosecutions
According to section 265-A, where trial initiated before a court of session upon a police report, the prosecution shall
be conducted by the Public Prosecutor.

In AIR 1924 Pat. 283, where the proceedings are initiated on a Police Report, a private prosecutor has no position at
all in that litigation.

5. Procedure in cases trial courts of session u/s 265-B

Following is the procedure followed by the courts of session during trial,

i. Supply of statements and documents to the accused u/s 265-C

a. Where cases instituted upon police report u/s 265-C (1)
Copies of the following documents shall be supplied free of cost to the accused not later than 7 days before the
commencement of the trial namely.
i. The FIR
ii. The police Report
iii. The statement of all witnesses recorded u/s 161 & 164
iv. The inspection note recorded by an investigation officer on his first to the place of occurrence and note recorded by
him on recoveries made.

b. Where cases instituted upon a complaint in writing u/s 265-C (2)

i. The complaint shall
a. state in the petition of complaint the substance of the accusation
b. state the manes of his witnesses; and
c. state the gist of the evidence which he is likely to adduced at the trial; and
ii. Copies of complaint and any other documents which the complainant has filed shall be supplied free of cost to the
accused not later than 7 days before the commencement of the trial;
iii. And the statements under section 200 or 202 shall be supplied free of cost to the accused not later than 7 days
before the commencement of the trial.

ii. When charge is to be framed u/s 265-D

The court has to frame charge u/s 265-D Cr.P.C, after perusing the police report or complaint and all other documents
and statements filed by the prosecution and if the court is of the opinion that there is ground for proceeding with the
trial the charge could be framed.

iii. Plea u/s 265-E

The charge shall be read and explained to the accused, and he shall be asked whether he is guilty or has any
defense to make. If he pleads guilty, the court shall record the plea and may in its discretion convict him.

(iv) Evidence for prosecution u/s 265-F

a. Where the accused does not plead guilty or the court does not convict him on his plea u/s 265-F91)
The court shall proceed to hear the complainant and takes all such evidence as may be produced in support of the
prosecution.

b. Summoning of witnesses u/s 265-F(2)

The court shall summon such persons who are acquainted with the facts of the case and be able to give evidence for
prosecution.

c. When court refuse to summon any witness u/s 265-F(3)

If the court is of opinion that such witness is being called for the purpose of vexation or delay or defeating the ends of
justice.